How They Got Lucky
by Baileys
Summary: UPDATED with added scene. Now a continuation of 'How they all find out' and the follow up 'How they discovered the truth'.  A tag to S9 ep Nature of the beast, inspired by that wonderful last line!  Spolier Alert upto S9.
1. Chapter 1

Notes:

Prose between these ^ ^symbolises where dialogue comes straight from the episode. The rest is me. Though I still don't own squat.

_Latham_

"_Agent DiNozzo is alive Mister Secretary… guess he got lucky…"_

_Gibbs_

"_I guess _**we**_ did."_

^Gibbs grabbed the handle and entered the hospital room. He'd taken a minute to compose himself after talking to Fornel, but he was blindsided by the sight of Tony stood by the window, wearing only the gown. He looked as vulnerable as he did ten years ago in Baltimore, when he'd held a shaking gun on Gibbs, having been faced with the truth that his partner was a dirty cop.

Banishing that image of a younger, undisciplined and insecure Tony from his mind Gibbs stood in the doorway, looked his hurting and confused Tony in the eye and took a deep breath.

"I just talked to Fornel about Agent Stratton."

Tony turned hopeful eyes to him. "Know him?"

Disappointed and unimaginably worried for his agent's safety Gibbs shook his head. Trying to put the issue of Stratton aside for the moment Gibbs was faced with yet another difficult situation.

He sighed, feeling completely shitty for what he was about to do. "Doc can you give us a minute?"

After Dr Cranston left, leaving behind the threat that almost got a smile out of him, Gibbs approached Tony ready to live up to that second B he had once told Kate stood for bastard.

He showed Tony the brass Ziva and McGee had collected at the scene. He had McGee send it over with the Agents guarding the door. When Tony looked defeated and started to tell him again that he didn't remember anything, Gibbs channelled into his frustrated anger at the whole stupid mess and unleashed it on an unsuspecting Tony.

"Just shut up and listen DiNozzo-"

Gibbs ignored the hurt his harsh words caused and pressed on, fighting to keep the concern out of his voice. He related the evidence as it had been reported to him from the team and as hoped giving Tony the details of the additional blood Abby had found sparked a reaction.

"Two?"

"Three people all together, DiNozzo," Gibbs softened his voice slightly and stepped into Tony's personal space, "I know this is hard, but_ I_ need to know who you were handling…"

Gibbs watched as Tony drifted off into his head to retrieve the memory he was asking for. Hearing how Tony had stood up to the SecNav made his heart swell with pride, but sorrow quickly infiltrated that feeling with the thought that someone who he felt wholly responsible for had been put in that situation to begin with.

Hell, truth was it was more than responsibility he felt, Tony was his. He didn't belong to SecNav or to Vance, not even to his own father… Tony belonged to Gibbs and even though he'd already been given the scenario by the rest of the team, listening to Tony's quietly terrified voice tell him about the moment he got shot was one of the hardest and emotionally painful things Gibbs had ever had to do.

He watched Tony's face closely as he processed the uncovered truths and that spark of pride returned when Tony spoke again. "You said I fired my gun, what about the badge in my pocket?"

Gibbs filled him in on what he had known for a few hours now, "Metro found Cade's body along the Potomac. The badge was his."

He caught the brief look of hurt confusion in Tony's eyes as he realised Gibbs already knew more than him, but hadn't told him. Gibbs just hoped Tony would understand the deception was for a very good reason and forgive him later. The next look was one Gibbs had seen many times on Tony's face.

"Cade…" Tony nodded and Gibbs could see he was trying to connect something, "what about the gun shot wounds?"

"Ducky said the fatal shot was from another weapon, the shots from your gun were all post mortem." Gibbs answered, barely holding himself together.

"So what, they planted the badge to make it look like I killed them." Tony paused, and Gibbs waited for what he knew was coming, "E.J?"

"Still looking" He felt every bit the bastard he claimed to be, and by god did it hurt to do it to Tony right now.

"Tony you never fired." Doctor Cranston, who had re-entered the room without either of them realising, interrupted when Tony fell silent, looking set to lose himself completely and Gibbs along with him. "You didn't kill them."

Tony still didn't speak. Gibbs had hoped to see relief flood his eyes at that news, hell he'd wanted to tell him that back when he chucked the blood stained badge on the bed and walked out, but Gibbs knew that knowing he didn't kill them didn't take away the pain that an agent was dead, or that he came within a hairs breath himself.

"DiNozzo, the photo was always Cade." Gibbs pushed gently. Hoping his hunch was correct.

"I knew EJ didn't do it," Tony's soft reply was nearly Gibbs' undoing. "I needed her help. To bring Cade in. SecNav was positive it was him, I convinced her to reach out… and draw him back to D.C."

As he listened Gibbs wanted to end it, give Tony a hug and tell him how sorry he was for keeping the details from him, for making him relive the hell of the last few months and letting him think he might have killed someone close to him. But he couldn't comfort him yet, they stilled needed something from him, something only Tony could tell them.

"Well it worked," Gibbs managed without his voice breaking on him.

"When EJ took the microchip, the doors opened…" Tony looked set to cry… or punch something, "we were all used." Tony's voice did break on that last word. He looked so lost Gibbs again fought down the urge to grab him and never let go.

"Someone wanted those microchips." Gibbs said in turn trying to concentrate on the words and not the soft sad tone that contrasted so starkly with Tony's usually vibrant and enthusiastic voice.

"You saw the shooter Tony, in that alley." Dr Cranston took her cue from Gibbs. "Who was it?"

Gibbs saw fear flit across Tony's face, before it was replaced with thoughtful determination. He held his gaze, not with his usual 'I want answers' glare, but a promise that he understood and he would be here for him when it was over. Tony looked away and Gibbs waited for him to remember who the bastard was that nearly stole Tony from him.

"Stratton, he killed them."

Tony was looking at him again, clearly needing something to prevent the dam from breaking. Gibbs nodded mutely, his eyes wide and sad in apology, communicating all his pent up concern for Tony with that one simple gesture.^

Tony openly looked at him, allowing Gibbs to see his fear and sorrow at how things turned out. Gibbs took the slight upturn of lips before Tony quickly averted his gaze as forgiveness. Tony turned, sitting down on the side of the hospital bed, gown hitched over his knees, glassy eyes staring out the window into the predawn sky.

Gibbs blinked a few times to stop the stinging sensation. He turned his blurred gaze to the ceiling as if asking it for answers before turning to Dr Cranston and indicating the door with a look. He wasn't surprised by the tears forming in her eyes, and hoped she understood just how grateful he was for her help tonight. There wasn't anyone else, other than Ducky, he could have entrusted with DiNozzo.

Once she left, the soft click of the door signalling her departure, Gibbs sat down next to one of the most important people in his life and could feel his minuet shaking where their shoulders touched. Gibbs lifted his arms and wrapped them around his agent tightly as Tony practically fell against him. When Gibbs placed one hand on the back of Tony's head the token resistance was expected, and duly ignored, as he ruffled the blood matted hair softly. There was no way Gibbs was going to leave him hanging and since he had no words that would even come close to offering support, a hug was the only kind of comfort he could provide Tony right now.

Gibbs knew this could have turned out far worse, like he had told the SecNav… he'd been there himself, far too many times, and being used as collateral damage was definitely not part of the job. Gibbs remained firm in his belief that no matter Vance's opinion Tony was his to protect and he'd be doing a damn sight better job of it from now on. In his arms Tony continued to shake, breaking Gibbs' heart when, with his own emotional dam barely holding up, Tony began to silently cry into his shoulder.


	2. Chapter 2

Gibbs left the room as soon as he was sure DiNozzo was sleeping peacefully. The day had dawned and he had some important phone calls to make. If they went the way he predicted Gibbs didn't want DiNozzo hearing the raised voices and veiled threats.

"Gibbs." A voice called from down the hall the minute he stepped out in the corridor.

Dr Cranston handed him a full to the brim coffee cup.

Gibbs did a double take. A long night with bad coffee, and little of it, was impairing his senses. The night had been hell and although they had what they needed the hard parts were far from over.

"Why are you still here?"

"Thanks so much." She made to take the cup back with a smile.

"Didn't say I wasn't grateful." He covered, withholding the container.

"I couldn't leave." Cranston admitted ruefully as Gibbs raised a quizzical eyebrow. "How is he?"

Gibbs mulled the question over. "He's been better."

It was the truth, though Cranston's reaction made him feel like he'd admitted to knowing the Earth was round.

"Gibbs-"

"I know." He cut her off. "I'm going to take care of him."

"I have no doubt you will."

The way she said that had Gibbs flashing back to a time with Kate. DiNozzo was missing, seems to be a trend, and Kate was trying to get him to admit he was worried about him.

Before Gibbs knew it he was laughing. Cranston was looking at him with some concern and he thought he should probably set her mind at ease that he wasn't having a breakdown.

"Seven years ago I'd have handled this very differently." He said cryptically.

Cranston flashed him a quick knowing smile. "If you need anything…"

Gibbs nodded his thanks and watched her walk away. Seven years ago DiNozzo had contracted the plague and they had nearly lost him. Gibbs had been frantic, running around Washington chasing down the crazy SWAK bitch, pointing guns and shouting at anyone who dared get in the way of him saving his agent. Before that when DiNozzo had got himself in trouble Gibbs had usually helped get him out of it and they'd continued as normal. But the plague changed that. It was the first time Gibbs came to truly thinking he could lose him and Gibbs had been surprised at just how much that had hurt. He wanted to kill and probably would have had the outcome been different. After that when DiNozzo got in trouble, getting accused of murder, held hostage, kidnapped, and you name it DiNozzo did it, Gibbs felt that familiar fear of loss creep over him. This was another plague, only he couldn't go waving a gun in SecNav's face to get the answers, no matter how satisfying that would have been.

"Boss!"

The shout coming from the direction of the elevators had him turning around just in time to catch Abby running at him. Before she even contemplated jumping on him like she did DiNozzo Gibbs held his arms out at length and grabbed her shoulders, holding her in place.

"What are you doing here?" He looked From Abby to McGee to Ziva who appeared on his right.

"We thought Tony could use these." Ziva said handing him a paper shopping bag.

Looking inside Gibbs saw his own NIS sweater on top of the pile of clothes.

"We got them out of his desk. They looked cleaned." McGee explained.

Gibbs smiled, that explained why he hadn't see it in a while. He dropped the bag and gave Abby a proper hug.

"He's okay isn't he Gibbs?" She asked, pulling away.

Gibbs negated to answer. In truth he really didn't know. The way he'd seen Tony last, worn out, emotionally drained and vulnerable. It was anyone's guess when they'd get the fun loving DiNozzo back.

"I have to call Vance." Gibbs announced, knowing they'd understand that there was more left to be done before anyone was in the clear here. "Why don't you go in and see him."

Gibbs wasn't sure if it was the right thing. Tony had fallen asleep, pretty much in his arms. He had helped him lay down and cleaned his face of the tear tracks left from his emotional burst. It wasn't a surprise, after being put through the wringer the way DiNozzo had Gibbs would have been concerned if he hadn't had an emotional release. Even the toughest of marines cried, and DiNozzo, though scrappy, was definitely no marine.

Ziva and Abby jumped at the chance to see him, nearly bowling over the agent posted outside DiNozzo's door. McGee hovered back.

"It'll be fine McGee." Gibbs pushed.

He decided it would be good for DiNozzo to see he still had his family after all this. And if his emotions were a little close to the surface still, well, he'd have to deal. No one here was going to think any less of him. He didn't have to hide himself from any of them.

McGee acted like he heard exactly what Gibbs had been thinking and ran off in the direction of the girls. Gibbs spared them a brief smile before pulling out his cell. It was time to bring this to a close.

"Gibbs. For Director."


	3. Chapter 3

Tony walked into Gibbs' home like it was any other day. The fact it was the middle of the afternoon on a weekday, he was wearing Gibbs NIS sweatshirt and had a red angry mark on his forehead not impacting his perceptions in the slightest. The ease with which he felt at home here now didn't surprise him as much it once had. Gibbs' house had become, in his mind, the well loved childhood home most adults had memories of and enjoyed visiting.

"Go sit down before you fall down." Gibbs instructed gruffly as he carried in Tony's things the hospital had boxed up.

"I won't, promise." He heard Gibbs harrumph behind him, but it went over his head.

Tony looked around the never changing décor and saw something he'd never seen before. There were photos hanging above the basement door and as he looked closer he caught sight of his own grinning face in one of them. He smiled back at it, wondering how he'd never noticed it. The thought reminded him that he had been off the grid for a while and that maybe it hadn't been there that long. He felt tears prick at the back of his eyes. He could have died never knowing it was there.

"You okay?" Gibbs came up behind him.

"Sure Boss!" Tony quickly stepped away, though he was sure Gibbs had seen what he'd been looking at.

Tony shuffled over to the couch and sat down with a thump while Gibbs disappeared upstairs. His mind travelled back a few weeks, remembering one of the last times he'd been here before everything hit the fan.

He and E.J had been lucky in their escape from whoever was trying to shoot them, and Tony had no doubts believing he was as much of a target as she was. After that it had taken Tony no time to conclude they were well over there heads in whatever political power game was being played. And when he was in trouble there was only ever one person he would turn to.

Gibbs' reaction to his reappearance was priceless and he could've kissed his boss for being so normal with him. Tony had feared memories of three years ago when the last deep cover assignment he'd been involved in without his team got blown all to hell would cloud everyone's judgement. Though this time he had been more open, or as much as he could, with his team and especially Gibbs. They knew he had an assignment and they knew he couldn't tell them. Like he'd told Dr Kate's sister, of course they were concerned, didn't mean he could do anything about it. He was right about the other thing to, these people weren't _like_ family to him, he'd never had a family in the sense the word implied. These people _were _his family, forever and always. The thought turned him back to the photo hanging on Gibbs wall, the one he may never have seen if things had been different. He was glad Stratton was such a lousy shot.

Just thinking about it threw Tony back into the memory and that terrifying moment when he realised they had all been played. Set up to take the fall for a cover up all because E.J had removed that damn microchip instead of trusting them and letting Ducky find it.

Hands clasped his face and jostled him hard. He blinked and pulled away fast, fighting off his would be attacker.

"DiNozzo, calm down," Gibbs shouted at him, "Its okay, it's just me."

Tony snapped his eyes front and saw Gibbs almost kneeling in front of him. Recognising he was breathing in short, sharp breaths, he concentrated hard to calm down, his chest aching like he'd run a marathon.

"She should have let Ducky find the chip." Tony blurted out his second epiphany of the day while shaking off the very vivid flashback.

He watched carefully as Gibbs sat back onto the coffee table and calmly played along, "who?"

Tony smiled shaking his head, Gibbs knew who he was talking about, "If she had trusted us, trusted me, then none of this would have happened." Then another thought occurred to him, one that frightened him. "Is that..."

"What Tony?" Gibbs said his name so carefully, Tony figured he already knew what he was going to say or maybe just thought he was losing it completely, and after the night they'd had it wouldn't be a surprise.

"Did he know about me and her? Is that why he chose me?" Tony let the question hang a second, knowing there was no way Gibbs could answer him on that one. "Rule number twelve boss," he chuckled sadly, "I should have listened."

Gibbs patted his knee, "You're not the first DiNozzo, why do you think the rule exists in the first place?"

Tony had to smile at that. As he looked up at Gibbs he didn't know what he was hoping to find, forgiveness, understanding, anger or all of the above. In the hospital he was too upset, too scared to really know what he was seeing, but now, sitting in this room, on this couch with that same wide eyed sad look facing him Tony knew he was seeing proper fear on his boss' face for the first time.

"I'm sorry I put you through this boss." Tony spoke shyly, part in recognition to the trouble he'd caused within NCIS and part in regards to the personal trauma he knew he'd inflicted on those closest to him.

Gibbs ruefully shook his head, rule fifty-one standing out in his mind, "I'm just glad you're alive DiNozzo, how about we try and keep it that way?"

"Going to make it a rule?" Tony smirked.

Gibbs stood and headed into the kitchen, "I just might."

End!

Thanks for reading!;)


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